Possible Penalties Associated With Assault and Battery in Louisiana
The State of Louisiana classifies Assault And Battery as well as other related offenses as crimes of violence. A conviction for any of these charges will remain with you forever and the consequences could be far reaching for you and your loved ones.
Call us if you are facing charges of Assault or Battery, our Team of experienced attorneys can counsel you and provide you with solid, expert advice.
Louisiana Assault Statures
LA Code RS 14:38
Under Louisiana law, assault is defined as:
- The attempt to commit a battery or the intentional placing of another in reasonable fear..
Assault as defined above is considered a “simple assault” a misdemeanor under Louisiana law and carries a possible sentence of up to 90 days in jail and a fine of up to $200.
LA Code RS 14:37
- This is “general” criminal offense similar to what has been defined above but with the addition of a dangerous weapon.
Aggravated assault carries a sentence of up to 6 months in jail and a fine of up to $1,000.
- If the aggravated assault is against a retail employee while the suspect is in the process of robbing or attempting to rob the establishment where the employee works, then there is a possibility of a mandatory minimum of 120 days to 6 months in jail as well as a fine of up to $1,000.
Aggravated Assault With a Firearm
LA Code RS 14:37.4
Aggravated assault with a firearm, appears similar to the general crime of “aggravated assault” defined above, but in this instance the assault includes discharge of a weapon. An assault coupled with the discharge of a firearm might result in a FELONY charge.
This offense carries up to 5 years in jail and a fine of up to $5,000.
LA Code RS 14:35
- The definition of battery differs from assault in that it involves actual contact or force between parties. Louisiana law defines battery as the “intentional use of force or violence” upon another.
Simple battery is a misdemeanor offense which carries up to 6 months in jail and a fine of up to $1,000.
LA Code RS 14:34
- Aggravated battery is more serious than simple battery and is defined as a battery where a dangerous weapon is used.
This is a felony offense that carries up to 10 years in prison and a fine of up to $5,000.
Second Degree Battery
LA Code RS 14:34.1
- Second degree battery is defined as committing battery where intentional serious bodily harm is inflicted. This includes injury with unconsciousness, extreme pain, disfigurement, loss or impairment, or substantial risk of death.
A felony offense of second degree battery is punishable by up to 5 years in jail and a fine of up to $2,000.
Aggravated Second Degree Battery
LA Code RS 14:34.7
- Aggravated second degree battery is aggravated battery as defined above – that is inflicting serious injury as well as the use of a dangerous weapon.
This is one of the more serious of violent crimes under Louisiana law and carries up to 15 years in jail and a fine of up to $10,000.
In addition, whenever the assault of battery involves an individual who perfoms a specific public service, for example: a police officer or a medical professional or even a public transient employee, the penalties might be enhanced. The best way to know what sort of penalties you are up against is to consult with a criminal defense lawyer.
We Urge to Seek Legal Representation Immediately
If you are suspected in, or charged with a crime in Louisiana that involves assault and or battery, you must contact a local criminal defense attorney right away. Make no mistake; these are extremely serious charges with grave consequences. Seek legal counsel right away. A skillful attorney can help you navigate the criminal justice system and obtain the best possible outcome in your case.
We at The Law Firm of Regan Law, P. L.C. can offer you the guidance you need during these difficult times. Our Team of experienced attorneys under the leadership of Attorney Martin E. Regan, Jr. can help you now. Call us.
The Legal Team at Regan Law offers the client knowledge, skill and experience.
The Information contained herein is not intended to be legal advice. On the contrary, it is simply an effort to explain the topic in general terms. If you or a loved one is facing criminal charges, call us. We are here to help.